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Alleycat
23-02-2010, 17:51 PM
Hello all,

Quick question regards to Health and Safety and responsibilities etc:

Should T have an accident in the home, say falling over and hurting themselves and the property in the process, who is responsible for taking care of damage to the property?


For example, if they fall down the stairs and pull the banister off with them, assuming said banister was safe and secure in the first place, who is responsible for putting it back up again?


Your thoughts/ advice/ suggestions are as always appreciated

Thanks

aC

Ericthelobster
23-02-2010, 17:56 PM
For example, if they fall down the stairs and pull the banister off with them, assuming said banister was safe and secure in the first place, who is responsible for putting it back up again?Poor example. If the bannister came away when they tried to stop themselves falling downstairs then by definition it wasn't safe and secure in the first place (since that is what it's there for). Down to the LL to repair and hope there's no damages claim from the tenant!

Alternative scenario - tenant manages to trip over his own chair and lands on your coffee table, breaking it (and his arm) in the process. Then he'd clearly be liable for cost of the table (and you wouldn't be liable for his injury).

mind the gap
23-02-2010, 18:12 PM
I agree with Eric. If you as LL have taken all reasonable care to ensure the property is safe for everyday living, then the T is responsible for him/herself and any damage/injury which happens, whether by their own negligence, freak accident, wilful action, general stupidity, drunkenness, etc.

I suppose there is some room for argument about what constitutes 'all reasonable care' and this may be what it turns on if T sues, but if you have ensured gas & electrical safety, maintained your property and any contents and done an intelligent risk assessment before a tenancy, I cannot think you have too much to worry about.

Alleycat
23-02-2010, 18:13 PM
Poor example. If the bannister came away when they tried to stop themselves falling downstairs then by definition it wasn't safe and secure in the first place (since that is what it's there for). Down to the LL to repair and hope there's no damages claim from the tenant!

Alternative scenario - tenant manages to trip over his own chair and lands on your coffee table, breaking it (and his arm) in the process. Then he'd clearly be liable for cost of the table (and you wouldn't be liable for his injury).


You're right: bad example, it's not what prompted this post initially anyway, but thanks for your reply, it's helping to make clearer an area that I'm not too sure about at the mo! :)

jeffrey
24-02-2010, 11:09 AM
If T ever claimed against L, L's first response must always be to refer it to insurer (property insurance for house; or block policy for flats).

mind the gap
24-02-2010, 12:54 PM
If T ever claimed against L, L's first response must always be to refer it to insurer (property insurance for house; or block policy for flats).
I agree, however many LL insurance policies specifically exclude damage (whether wilful or accidental), done by tenants or their guests.